Offshore Litigation

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Offshore Litigation

The Offshore Litigation Blog is where you will find recent case updates, offshore litigation news, offshore filings lists, interviews and even some insights into island life, written by Harneys litigators from around the world.

Contributors

Jonathan Addo
Jonathan Addo
  • Jonathan Addo

  • Partner
  • British Virgin Islands
Ian Mann
Ian Mann
  • Ian Mann

  • Partner
  • Hong Kong
Nick Hoffman
Nick Hoffman
  • Nick Hoffman

  • Partner
  • Cayman Islands
Vicky Lord
Vicky Lord
  • Vicky Lord

  • Partner
  • Shanghai
Chai Ridgers
Chai Ridgers
  • Chai Ridgers

  • Partner
  • Hong Kong
William Peake
William Peake
  • William Peake

  • Partner
  • London
Peter Ferrer
Peter Ferrer
  • Peter Ferrer

  • Partner
  • British Virgin Islands
Jeremy Child
Jeremy Child
  • Jeremy Child

  • Partner
  • London
Claire Goldstein
Claire Goldstein
  • Claire Goldstein

  • Partner
  • British Virgin Islands
Jayson Wood
Jayson Wood
  • Jayson Wood

  • Partner
  • Cayman Islands
Phillip Kite
Phillip Kite
  • Phillip Kite

  • Partner
  • London
Stuart Cullen
Stuart Cullen
  • Stuart Cullen

  • Partner
  • British Virgin Islands
Lorinda Peasland
Lorinda Peasland
  • Lorinda Peasland

  • Consultant
  • Hong Kong
Paul Madden
Paul Madden
  • Paul Madden

  • Partner
  • Cayman Islands
Jessica Williams
Jessica Williams
  • Jessica Williams

  • Partner
  • Cayman Islands
Paula Kay
Paula Kay
  • Paula Kay

  • Partner
  • Hong Kong
Andrew Thorp
Andrew Thorp
  • Andrew Thorp

  • Partner
  • British Virgin Islands
Henry Mander
Henry Mander
  • Henry Mander

  • Partner
  • Cayman Islands
Andrew Johnstone
Andrew Johnstone
  • Andrew Johnstone

  • Partner
  • Hong Kong
Nicola Roberts
Nicola Roberts
  • Nicola Roberts

  • Partner
  • Hong Kong
Julie Engwirda
Julie Engwirda
  • Julie Engwirda

  • Partner
  • Hong Kong
Paul Smith
Paul Smith
  • Paul Smith

  • Partner
  • Cayman Islands

International conventions, the United Kingdom and their application to Overseas Territories

Earlier this month, Mostyn, J by remote zoom hearing determined an application for the return of a child to his country of residence. The child was removed by his mother from their country of residence in Bermuda to live in the United Kingdom (UK). The effect of this relocation was to frustrate the Bermuda court order which gave the Applicant, a Bermuda resident, visiting rights to the child. Bermuda, like the BVI, is an Overseas Territory (OT).

Marcia McFarlane, Jonathan Addo,
Chai Ridgers, Phillip Kite

Open borders, closed minds

In an arguably unnecessary but nonetheless welcome determination, the English High Court has ruled that the use of offshore structures does not of itself constitute a ground for believing that such structures were intended to be used or were being used for wrongful purposes and that there had to be some additional evidential basis for such a belief.

William George, Lorinda Peasland,
William Peake, Claire Goldstein

Just & equitable winding up – a higher threshold than unfair prejudice

In ACE International (B.V.I.) Limited [2020] HKCFI 498 Mr Justice Jonathan Harris of the Hong Kong Court of First Instance held that if a company is incorporated in a jurisdiction such as the BVI, which has a similar unfair prejudice regime to Hong Kong, and the company does not have a place of business in Hong Kong generally, the dispute between shareholders should be litigated in the place of incorporation, because the petitioner is behaving unreasonably in seeking exclusively a just and equitable winding up.

William George, Ian Mann,
Hazel-Ann Hannaway, Nicola Roberts

Trial by Zoom – a look at how Courts across common law jurisdictions are responding to the coronavirus

Virtual trials and hearings have risen exponentially in light of social distancing measures required to address the Covid-19 outbreak. The virus has caused significant disruption to everyone’s daily lives and the business of Courts worldwide have been no exception. Globally, Courts have introduced a wide range of measures to respond to the virus.

Joshua Shuardson-Hipkin, William Peake,
Vicky Lord, Andrew Thorp,
Michael Harakis